Even after more than 50 years after The Civil Rights Act of 1964, there continues to be a steady number of race discrimination, race harassment, and retaliation claims filed each year. Much has been written about the importance of diversity in the workplace and the importance of avoiding policies, practices and incidents that unintentionally have a disparate impact on minority employees. To keep your workforce happy and your business humming, it is incumbent upon the employer to avoid negative race issues.
Employers must be more vigilant and proactive than ever when it comes to their employment policies. Business owners should make careful decisions when it comes to recruiting, hiring, training, promoting, demoting, and terminating employees, being sensitive to how these decisions may impact their workforce and all their employees. They must also be aware of the attitudes and behaviors of their managers, supervisors and even customers. Numerous laws have been enacted to protect employees at the state and federal level, and if an employer violates an employee’s legal rights, a lawsuit alleging discriminatory business practices can easily follow. Litigation disrupts daily operations, generates lasting negative publicity, and can inflict devastating expenses on your company, as well as demoralizes your workforce.
The bottom line is that legal claims alleging discriminatory policies or practices are serious matters which must be addressed immediately. The knowledgeable employment law attorneys of Bellatrix PC have extensive experience representing employers and entrepreneurs in national origin discrimination claims brought by employees. We pride ourselves on tactical and aggressive defense strategies, and are prepared to handle even the most complex and contentious of claims on your behalf. We will walk you through each and every step of the legal process, and fight hard to protect your organization’s best interests.
To arrange a private consultation with our experienced race discrimination lawyers, call Bellatrix PC today at (800) 449-8992.
Examples of Racial Discrimination in the Workplace
Some of the most common types of claims we see at Bellatrix PC are those made by an employee who alleges they have been terminated, harassed, laid off, and/or retaliated against because of their race and/or national origin. However, employers must remember that race discrimination, which is sometimes called ethnic-based discrimination or national origin discrimination, can also occur and be actionable even when the alleged victim is not an employee. Job applicants are also legally protected against discriminatory hiring practices.
The Equal Employment Opportunity Commission, or EEOC, aggressively enforces workplace anti-discrimination regulations. Employers, supervisors, and co-workers are all expressly prohibited from engaging in discriminatory conduct “when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”
This can also extend to include an employee’s personal appearance. For example, the EEOC notes that implementing a “no-beard” policy, unrelated to the job, could have a “negative impact on the employment of African-American men (who have a predisposition to a skin condition that causes severe shaving bumps).” This example serves as a reminder that even seemingly simple employment policies can have significant legal implications for business owners.
Below are some additional examples of scenarios that could constitute racial discrimination:
- A person is not interviewed or hired due to his or her race.
- An employee is passed over for a promotion due to his or her race.
- An employee is favored for a promotion over an equally qualified employee due to his or her race.
- An employee or group of employees is disciplined or trained differently due to their race.
- An employee is treated differently due to having an accent.
- An employee is harassed due to being married to a person of another race.
- A co-worker makes insensitive racial comments, jokes, slurs, or insults.
- An employee is verbally or physically assaulted due to his or her race.
- An employee is retaliated against for speaking out or complaining about discrimination in the workplace on behalf of himself or others.
- An employee is fired or disciplined for saying he or she has been harassed or discriminated against.
Contact Our Employment Lawyers
If your business needs legal representation against an employee lawsuit, the skilled attorneys of Bellatrix PC can help. Our dedicated racial discrimination attorneys will thoroughly investigate the claim, guide you through cost-effective strategic options, and see the case through to the end — even if that means going to court to defend your company.
Even if no claim has been brought, and you simply have concerns about your current or proposed employment policies, your organization will benefit from a comprehensive business risk review. Our risk review service is a two-step process which first identifies problem-areas, and then provides solutions to give your company greater protection against future litigation.
To start discussing how we can help your business, call Bellatrix PC at (800) 449-8992 for a private consultation. Our offices are located in St. Louis, San Diego, and Riverside, CA.